민법안 심의록(1958년)과 메이지민법 수정안이유서(1896년, 1898년): 자료소개와 활용방안을 중심으로

Abstract

The Korean Civil Code, enacted in 1958, was enacted with reference to the Japanese Meiji Civil Code(the so-called Enforced Civil Law). The Minutes of Deliberations on Civil Code Bill(1958)(Hereinafter referred to as the Minutes) is a source that reveals this relationship. Looking at the referenced legislative examples in the Minutes, we can see that in the property law section(Part 1 to Part 3) there are several articles that ① have the same content of the articles of the Meiji Civil Code (1896) (indicated as ‘current law’ in the Minutes) and the Korean Civil Code, or ② have similar legislative motives. The Minutes do not provide an explanation of the legislator’s motives for these articles. The legislator’s motives for the articles of the Korean Civil Code that fall into this category can be supplemented by referring to those of the corresponding Meiji Civil Code. For those articles belonging to these categores, the legislative motives that differ from the Japanese Civil Code should be analyzed through the relevant referenced legislative examples. In the section of family law(Part 4 and Part 5), there are many articles that refer to the family law of the Meiji Civil Code of Japan(1898)(Part 4 and Part 5) and the Japanese Civil Code revised in 1945(Part 4 and Part 5). There are also articles that only present these as referenced legislative examples in the Minutes. In these articles, we can supplement the legislative motives of the Korean Civil Code by referring to the respective corresponding motives, and for articles that are not of this category, we should analyze the legislative motives of the relevant referenced legislative examples. In this article, we first analyze the relationship between the Korean Civil Code and the Japanese Meiji Civil Code in several categores through the referenced legislative examples of the Minutes(II). Next, in the section on Japanese civil law(III), we introduce several materials in Japanese that can be used to find the legislative motives for the articles of the Meiji Civil Code, which will be helpful for follow-up research. We hope that this basic research will be helpful in supplementing the legislative motives for the Korean Civil Code by analyzing in follow-up research, through analysis of every provisions in detail.